HOUSE OF REPRESENTATIVES	H.B. NO.	2613
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to agricultural lands.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the State's land use law was enacted to "preserve and protect land best suited for . . . agricultural purposes and to facilitate sound and economical urban development" (Senate Stand. Com. Rep. No. 580; 1961 Senate Journal).  Since that time, lands classified by the land study bureau as class A and class B lands, the lands most suited for intensive agricultural use, have declined from 359,690 acres (class A, 125,160 acres; class B, 234,530 acres) in 1960 to 172,094 acres (class A, 56,653 acres; class B, 115,441 acres) in 2007.  These agricultural lands are a resource that cannot be replaced once they are lost to development.

     The inventory of lands that are suitable for agriculture is essentially fixed.  Agricultural lands cannot be manufactured when the demand for the lands increases.  In 1960, the land study bureau estimated that there were nearly 360,000 acres of class A and B lands on the six major islands.  These were the lands upon which the State depended for profitable, competitive agricultural production.  By 2007, the inventory of class A and B lands had declined to slightly more than 172,000 acres.  Thus, it is more important than ever to conserve Hawai'i's most productive agricultural lands, especially in counties with a population of over 500,000 residents.

     The purpose of this Act is to carry out the mandate of article XI, section 3, of the Hawai'i constitution to conserve and protect agricultural lands and assure availability of agriculturally suitable lands in counties with a population of over 500,000 residents.

     SECTION 2.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§205-    Designation of important agricultural lands by the legislature. (a)  The legislature may designate lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B that are irrigated or have sufficient quantities of water to produce sustained high yields of crops as important agricultural lands, where the legislature finds that the designation is necessary to protect agricultural lands, to promote diversified agriculture, or to control future growth, development, and land use.

(b)  The designation shall be by concurrent resolution adopted by a majority vote of both the houses of the legislature in any regular or special session and shall contain:

(1) The tax map key numbers of the land to be classified; and

(2) Demonstrable proof of qualification for designation under section 205-44."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Relating to Agricultural Lands

Description:

Allows designation of important agricultural lands by the legislature.

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